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Public Testimony

Public: Brad Greenberg (NYU Furman Center) contextualizes Mangin's academic writing

New York City Council · Sep 1, 2026 · starts 4:43:27 · 2 min 31 sec

Greenberg, executive director of the NYU Furman Center, contextualizes Mangin's 2014 article within decades of academic research including Rothstein's 'Color of Law' and Fischel's work on home voters. He notes BSA's governance has many checks and balances and that the council retains significant power over its structure.

Member of the Public - Brad Greenberg

Hello, Council Members.

Member of the Public - Brad Greenberg

I'm Brad Greenberg.

Member of the Public - Brad Greenberg

I'm the Executive Director of the NYU Furman Center.

Member of the Public - Brad Greenberg

The NYU Furman Center is a joint academic research center of the NYU School of Law and the Robert F.

Member of the Public - Brad Greenberg

Wagner Graduate School of Public Service.

Member of the Public - Brad Greenberg

We're an organization committed to leveraging rigorous evidence-based research on housing and urban development.

Member of the Public - Brad Greenberg

And we're here today to talk and contextualize some of what's been discussed in the academic literature.

Member of the Public - Brad Greenberg

A couple things I want to say first about the Board of Standard and Appeals and the role it plays in New York City's land use process.

Member of the Public - Brad Greenberg

Unlike DCP, or City Planning Commission, they don't take as active a role in land use policy, including initiating changes to planning policy and ushering items through the Euler process, but they do determine

Member of the Public - Brad Greenberg

individual applications and approve and deny special permits and variances, which you've heard about today.

Member of the Public - Brad Greenberg

So the BSA's role is really a highly structured, cabined process focused on reviewing individual applications, and it requires someone with a lot of technical expertise in the case law and regulations governing land use in New York City.

Member of the Public - Brad Greenberg

So the council should be very focused on the nominee's expertise in this highly technical area.

Member of the Public - Brad Greenberg

The other thing I'll say about the Board of Standards and Appeals is the structure and governance has a lot of checks and balances in the process.

Member of the Public - Brad Greenberg

So there are five members appointed for a six-year term.

Member of the Public - Brad Greenberg

The mayor appoints one member as the chair, but everything is done by a majority vote, even though the chair oversees public hearings.

Member of the Public - Brad Greenberg

They also impose in the statute governing the Board of Standards and Appeals a lot of transparency requirements, including obligations to go through a community board process, as well as solicit council input on individual applications.

Member of the Public - Brad Greenberg

And the council has previously in 2017 also changed the governance of the BSA and retains a decent amount of power over how it's structured.

Member of the Public - Brad Greenberg

So that's important to remember.

Member of the Public - Brad Greenberg

There's a lot of checks and balances in the BSA itself.

Member of the Public - Brad Greenberg

I do also want to say one thing about Mr.

Member of the Public - Brad Greenberg

Mangin's 2014 publication, which I know has come up a lot today.

Member of the Public - Brad Greenberg

Obviously, we're one of the leading academic research centers on housing policy.

Member of the Public - Brad Greenberg

I just want to say that the article itself does build on many decades of work and research, including Richard Rothstein's book, The Color of Law, and Bill Fischel's book, and previous books on home voters and the economics of land use.

Member of the Public - Brad Greenberg

And it's absolutely within the scope of the academic literature.

Member of the Public - Brad Greenberg

I'm sure there are words everyone would take back.

Member of the Public - Brad Greenberg

Sorry, please wrap it up.

Member of the Public - Brad Greenberg

Thank you.

Member of the Public - Brad Greenberg

That's all I wanted to say about the academic work.

Member of the Public - Brad Greenberg

Thanks.